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Sent By: CVRWQCB; • 916 255 3164; Feb-14-Ot�16:19; Page 4/7
<br /> CLEANUP AND ABATEMENT ORDER NO. 2000- 2
<br /> FLAG CITY CHEVRON
<br /> 6421 CAPITOL AVENUE
<br /> LODI, SAN JOAQUIN COUNTY
<br /> 6. The Rocky's Restaurant Well, a Small Public Water System(Transient Water System)well at
<br /> 14659 Thornton Road was sampled in February, April, and June 1999, and MtBE was identified
<br /> up to 12 ttgll,
<br /> 7. M03E has also been identified in monitoring wells located west of the site at the Three B's Truck
<br /> Plaza, 14749 Thornton Road,Lodi. The Three B's Truck Plaza also has an active investigation
<br /> for petroleum hydrocarbons,however MtBE has not been identified in the area of the former
<br /> USTs.
<br /> 8- The Flag City Wel I, a Nun-Community Water System(Non-Transient Water System) well is
<br /> located approximately 800 feet east of the Flag City Chevron. This well provides water for
<br /> businesses east of Thornton Road. A groundwater analysis for petroleum hydrocarbons has not
<br /> been provided for this well.
<br /> 9. On 24 September 1999,on behalf of the Discharger, Advanced GeoEnvironmental,Incorporated
<br /> (AGE), submitted a Remedial Investigation /Feasibility Study Work Plan(Workplan)to the
<br /> County for continued investigation of petroleum hydrocarbons at the subject site. The County
<br /> approved the Workplan on however the Workplan has not been implemented
<br /> to date. AGE is scheduled to complete quarterly mom Luring of all monitoring wells and water
<br /> supply wells on 25 February 2000.
<br /> 10. The site overlies groundwater of the San Joaquin River Basin. Present and potential future
<br /> beneficial uses of the groundwater and surface water include municipal and domestic supply,
<br /> agricultural supply, industrial supply, recreation (surface), freshwater habitat(surface), and
<br /> wildlife habitat (surface). The Board adopted a Water Quality Control Plan (Basin Plan),Fourth
<br /> Edition that designates beneficial uses,establishes wuter quality objectives,establishes
<br /> implementation plans, and sets forth regional and state water policies and plans.
<br /> 11. Section 13304(a) of the California Water Code provides that:
<br /> "Any person who has discharged or discharges waste into the waters of this state in violation oj'
<br /> any waste discharge requirement or other order or prohibition issued by u regional board or the
<br /> state board, or who has caused or permitted, causes or permits, or threatens to cause or permit
<br /> any waste to be discharged or deposited where it is, or probably will be, discharged into the
<br /> waters of the state and creates, or threatens to create, u condition of pollution or nuisance, shall
<br /> upon order of the regional board cleanup such waste or abate the effects of the waste, or, in the
<br /> case of threatened pollution or nuisance, take other necessary remedial action, including. but
<br /> not limited to, overseeing cleanup and abatement efforts. Upon failure of any person to comply
<br /> with the cleanup and abatement order, the Attorney General, at the request of the board, shall
<br /> petition the superior courtfor that countyfor the issuance of an injunction requiring the person
<br /> to comply with the order. In any such suit, fire court shall have jurisdiction to grant a
<br /> prohibitory or mandatory injunction, either preliminary ar permanenl, as the fact may warrant."
<br /> 12. Section 13267(b) of the California Water Code provides that:
<br /> "In conducting an investigation specified in subdivision(a), the regional board may require that
<br /> tiny person who has discharged, discharges, or is suspected of discharging, or is proposing to
<br /> discharge waste within its region, or any citizen or domiciliary, or political agency or entity of
<br />
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